118 STAT. 2669 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(I) to establish and make disbursements from the high cost fund to local educational agencies in accordance with this paragraph during the first and succeeding fiscal years of the high cost fund; and ‘‘(II) to support innovative and effective ways of cost sharing by the State, by a local educational agency, or among a consortium of local educational agencies, as determined by the State in coordina tion with representatives from local educational agencies, subject to subparagraph (B)(ii). ‘‘(ii) DEFINITION OF LOCAL EDUCATIONAL AGENCY.— In this paragraph the term ‘local educational agency’ includes a charter school that is a local educational agency, or a consortium of local educational agencies. ‘‘(B) LIMITATION ON USES OF FUNDS.— ‘‘(i) ESTABLISHMENT OF HIGH COST FUND.—A State shall not use any of the funds the State reserves pursu ant to subparagraph (A)(i), but may use the funds the State reserves under paragraph (1), to establish and support the high cost fund. ‘‘(ii) INNOVATIVE AND EFFECTIVE COST SHARING.— A State shall not use more than 5 percent of the funds the State reserves pursuant to subparagraph (A)(i) for each fiscal year to support innovative and effective ways of cost sharing among consortia of local educational agencies. ‘‘(C) STATE PLAN FOR HIGH COST FUND.— ‘‘(i) DEFINITION.—The State educational agency shall establish the State’s definition of a high need child with a disability, which definition shall be devel oped in consultation with local educational agencies. ‘‘(ii) STATE PLAN.—The State educational agency shall develop, not later than 90 days after the State reserves funds under this paragraph, annually review, and amend as necessary, a State plan for the high cost fund. Such State plan shall— ‘‘(I) establish, in coordination with representa tives from local educational agencies, a definition of a high need child with a disability that, at a minimum— ‘‘(aa) addresses the financial impact a high need child with a disability has on the budget of the child’s local educational agency; and ‘‘(bb) ensures that the cost of the high need child with a disability is greater than 3 times the average per pupil expenditure (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) in that State; ‘‘(II) establish eligibility criteria for the partici pation of a local educational agency that, at a minimum, takes into account the number and percentage of high need children with disabilities served by a local educational agency; Deadline.
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